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All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ M. Conflict of Laws (Civil Code, arts. 15-18) ▸ 2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption ▸ h. Lex Loci Solutionis

Question

Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption

A and B are citizens of the Philippines and got married in France, where they have been residing for the past five years. They decide to divorce and seek legal advice on the applicable law for their divorce proceedings. A consults a lawyer in France who advises that the French law on divorce shall apply, while B consults a lawyer in the Philippines who advises that the Philippine law on divorce shall apply. Consequently, A files a petition for divorce in France, while B files a petition for divorce in the Philippines.

In the given scenario, A and B's divorce cases involve the application of choice of law principles. Discuss the following:

  1. What is the doctrine of lex loci solutionis in the context of choice of law? Provide its meaning and application.
  2. Can the doctrine of renvoi be applied in resolving the conflict regarding which law applies to A and B's divorce cases? Explain the concept and its application in the given scenario.
  3. Explain the doctrine of processual presumption and its significance in A and B's divorce cases.


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Bar Review Question: Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption A and B are citizen